Chamber and committees

The statutory framework for FAIs is the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016. The legislation introduced a requirement for the Sheriff conducting the FAI to make a determination setting out their conclusions and recommendations as soon as possible. Recommendations from a Sheriff must be responded to by the body to whom they are directed. The 2016 Act sets out that the Scottish Courts and Tribunals Service is required to publish the determination and subsequent response from the party to whom the recommendations are directed. The response will normally detail what action has been taken or is proposed to be taken in light of the recommendations. These are published on the Scottish Courts and Tribunals Service website and are therefore publicly available.

The Scottish Government has acknowledged that there are concerns about the operation of fatal accident inquiries. In January of this year the Scottish Government announced a focussed, independent review of the FAI system. This review is to look at the efficiency, effectiveness and trauma-informed nature of investigations into deaths in prison custody.

The Scottish Government has acknowledged that there are concerns about the operation of the FAI system. In January of this year, following publication of the determination of the FAI into the deaths of Katie Allen and William Brown at Polmont Young Offenders Institute, the Scottish Government announced a focussed, independent review of the FAI system. This review is to look at the efficiency, effectiveness and trauma-informed nature of investigations into deaths in prison custody.

The Scottish Government supports the independent judiciary's careful examination of matters in FAI determinations and believes that valuable learning is offered through the process.

The statutory framework for FAIs is the Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016. The legislation introduced a requirement for the Sheriff conducting the FAI to make a determination setting out their conclusions and recommendations as soon as possible. Recommendations from a Sheriff must be responded to by the body to whom they are directed. The 2016 Act sets out that the Scottish Courts and Tribunals Service is required to publish the determination and subsequent response from the party to whom the recommendations are directed. The response will normally detail what action has been taken or is proposed to be taken in light of the recommendations. These are published on the Scottish Courts and Tribunals' website and are therefore publicly available.

As a non-Ministerial office, the Scottish Courts and Tribunals Service (SCTS) is responsible for preparing a detailed budget for each financial year. Throughout the Budget process, the Scottish Government liaises with the SCTS to identify its budgetary requirements. These requirements are considered alongside the resource needs of the rest of the justice system in order to ensure the SCTS has sufficient resources to meet its statutory obligations. Compared to the opening 2024-25 budget, an additional £11.5m Resource funding and £2m Capital funding has been provided to the SCTS for 2025-26.

The experience of families will inform the forthcoming focused review of FAIs in relation to deaths in custody.

The operation of FAIs is a matter for the Crown Office and Procurator Fiscal Service rather than for the Scottish Government. The experience of families will inform the forthcoming focused review of FAIs in relation to deaths in custody.

The Scottish Government recently announced a review into how fatal accident inquiries operate. That review follows the publication of Sheriff Collins' determination of the fatal accident inquiry into the deaths of Katie Allen and William Brown in Polmont YOI in 2018. There are however no specific plans for the monitoring of recommendations made following FAIs generally. Each policy area will monitor recommendations of relevance to them.

Legislation does not currently allow for variations to section 37 consents. Therefore, it has not been possible for the Scottish Government to receive such requests.

The proposed reforms mirror section 36C of the Electricity Act 1989 which makes provision for the Scottish Ministers to vary section 36 consents for construction, operation and extension of generating stations.